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Wettersten, In re

Ruling
Debt was dischargeable where causes of plaintiff's injuries were accidental, not malicious.(Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on August 14, 2019 , LexisNexis #1019-035

Rodriguez, In re

Ruling
Creditor's failure to stop its post-petition levy against debtor's bank accounts constituted awillful violation of the automatic stay. (Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on May 13, 2019 , LexisNexis #0719-077

Parker, In re

Ruling
Debtor was awarded reduced attorney's fees and costs for damages caused by creditor'sviolations of the automatic stay. (Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 11, 2019 , LexisNexis #0619-055

Dong Xing Fu, In re

Ruling
Court’s decision in favor of debtor on motion for denial of discharge vacated due to plaintiff’slack of standing. (Bankr. N.D. Cal.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on March 26, 2019 , LexisNexis #0519-090

Wettersten, In re--Ditto v. Wettersten

Ruling
Debtor was entitled to summary judgment on plaintiff's claim that his personal injury actionagainst debtor was nondischargeable where plaintiff did not timely respond to the debtor'srequests for admission. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on February 19, 2019 , LexisNexis #0419-015

Morgan, In re--Morgan v. Preferred Fin. Grp., Inc.

Ruling
Debtors' turnover claim for relief was dismissed as whatever the creditor owed to the debtorswas not property of the bankruptcy estate. (Bankr. N.D. Cal.)
Issue(s)
Turnover of Property to the Estate; Payment of Matured Debts to Trustee.

ABI Membership is required to access the full summary of Morgan, In re--Morgan v. Preferred Fin. Grp., Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 06, 2018 , LexisNexis #0318-074

Parker, In re

Ruling
Court denied debtor's claim as debtor was unable to alert the court of any evidence provingthat the creditor's attorney took any affirmative step to actually collect, recover, or assess anydebt against it which would actually violate the law. (Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on January 30, 2018 , LexisNexis #0318-034

Hedlund, In re--Davis v. Hedlund

Ruling
Chapter 7 debtor was ineligible to a discharge as he made false oaths for failure to discloseinterests he owned in several businesses and other property he owned with the intent tohinder, delay, or defraud his creditors. (Bankr. N.D. Cal.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on July 13, 2017 , LexisNexis #0817-079

Bruce, In re--Bitmicro Networks, Inc. v. Bruce

Ruling
Damages awarded to plaintiff for debtor's tortious interference with their operating agreement deemed nondischargeable. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on April 06, 2017 , LexisNexis #0517-049

Verbeck, In re

Ruling
Court would award reasonable fees and costs debtor incurred after October 17, 2016 only ifplaintiff's claim was discharged. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Award of Attorney’s Fees and Costs When Creditor's Nondischargeability Action is Not Justified.

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Consumer opinion summary, case decided on October 17, 2016 , LexisNexis #0118-075